Estate planning involves more than drafting a will—it is a strategic process to protect your assets, clarify healthcare decisions, and provide for your loved ones. At Smith Cors Law, we aim to simplify the process while ensuring every element of Florida law is accounted for. Below, we’ve compiled a list of frequently asked questions (FAQs) that bring together key insights from our comprehensive and holistic approaches to estate planning.
Florida’s unique legal framework (including homestead rules and elective share provisions) means a thorough plan should reflect both your personal preferences and state-specific requirements.
Asset Protection and Distribution
Without a valid estate plan, the courts rely on Florida’s intestacy laws to distribute your property. This may not align with your wishes or protect your loved ones from disputes.
Minimize Probate
Some tools, like trusts and proper beneficiary designations, can reduce or avoid probate—a court-supervised process that can be time-consuming and costly for your heirs.
Healthcare and Financial Control
Should you become incapacitated, documents such as powers of attorney and living wills empower someone you trust to manage finances or make medical decisions.
Family Harmony
Clearly articulated instructions spare your loved ones the burden of guessing what you would have wanted—lessening the likelihood of family conflicts or drawn-out legal battles.
Proper planning in Florida helps ensure your loved ones inherit your assets with fewer complications, while honoring your healthcare and financial directives.
Although each person’s needs differ, Florida estate plans often include the following:
These documents work together to address every aspect of your estate, from asset distribution to personal care, ensuring a cohesive and legally sound plan.
Homestead Provisions
Florida’s homestead property rules offer special protections for a primary residence, limiting the forced sale of your home by creditors and restricting how the property can be transferred if you have a spouse or minor children.
Elective Share
A surviving spouse in Florida generally has the right to claim 30% of a deceased spouse’s estate, regardless of what the will states. If you’re married, estate planning must account for this to avoid unintended outcomes.
Healthcare and Financial Control
Should you become incapacitated, documents such as powers of attorney and living wills empower someone you trust to manage finances or make medical decisions.
Witness & Notary Requirements
For wills, POAs, and other critical documents, Florida law demands strict signing formalities, witness requirements, and often notarization. Failing to meet these requirements can invalidate your documents.
Because Florida has unique statutes—homestead, elective share, and execution formalities—it’s crucial to ensure your plan follows state law to avoid legal pitfalls.
If you pass away intestate (without a will or trust), Florida law dictates who inherits your property. This can lead to:
• Delays in Distribution: Assets often remain in probate longer, incurring additional fees and stress.
• Family Disputes: Surviving relatives may disagree over who should get what—fueling costly legal battles.
Lack of Healthcare Directives: If you haven’t executed a power of attorney or healthcare surrogate, and you lose mental capacity, the court may appoint a guardian to make decisions on your behalf. This guardianship process is often more expensive and less reflective of your personal values.
Proactively creating an estate plan ensures you, rather than the state, control how your affairs are handled.
• Beneficiary Designations: : Assets like life insurance or retirement accounts (IRA, 401k) transfer directly to named beneficiaries, outside the probate process. Keeping these designations updated is essential.
• Business Succession Planning: If you own a business, a succession plan can ensure continuity for partners and employees—or outline a proper sale or transfer upon your incapacity or death.
• Special Needs Trusts: For beneficiaries with disabilities, a special needs trust can protect eligibility for government benefits while providing additional financial support.
• Asset Protection: Some irrevocable trusts or other strategies might shield assets from future creditors or lawsuits, depending on your situation.
Estate planning can be as simple or as sophisticated as necessary. A holistic approach covers financial, personal, and business interests alike.
Estate planning is not a “one-and-done” event. Significant life changes often warrant a review and possible update of your documents:
We recommend revisiting your plan every three to five years—or sooner if you experience major personal or financial changes.
At Smith Cors Law, we offer personalized, holistic estate planning services that integrate both comprehensive and advanced strategies:
Our mission is to protect your legacy, minimize legal hurdles, and ensure you maintain control over critical decisions—even if you can’t speak for yourself.
Our legal team is ready to answer your questions and guide you forward.
"Mr. Cors is always a pleasure to work with and goes above and beyond to do a free phone consultation. I have wised him and am very happy with my estate plans also. Nicest lawyer I ever met!!"
"Jason Smith is a competent, honest and ethical attorney. He is a straight-shooter who will treat your legal matter with due care and attention it deserves. He is a credit to his profession. Highly recommended!"
"Jason and Gary were exceptional to work with. They created our wills, power of attorney and family trust. Highly recommend for a fast and seamless process. Thank you!"
"Jason really came through in the hardest time of my life. He showed dedication and care working my case. Very thankful a friend recommended him, and I will be recommending Him to anyone who needs real legal assistance."
"Had Gary do my estate planning/will. Professional, thorough, excellent communication. Highly recommend their service. "
"So thankful to have found this attorney. The entire office is wonderful. Professional, down to earth, friendly people who treat you with care and respect! "
Estate planning in Florida is a powerful, multi-layered process—from fundamental tasks like creating a will, to broader considerations like trust structures, business transitions, and healthcare directives. By blending elements from our comprehensive and holistic approaches, Smith Cors Law ensures your final plan truly protects your loved ones, honors your wishes, and reflects the intricacies of Florida law.
Ready to Begin?
Contact Smith Cors Law to schedule a consultation. We’ll guide you through every step, providing clarity, compassion, and legal know-how to help you confidently plan for the future.
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